This study and revision guide for students provides up-to-date, concise and comprehensive coverage of the human rights laws in Scotland. The contents include: a table of cases; a table of statutes; Scots law and human rights; fundamental rights; procedural rights; qualified rights; and other rights. Each chapter ends with a boxed summary of essential facts and a list of relevant cases.
This study and revision guide for students provides up-to-date, concise and comprehensive coverage of the human rights laws in Scotland. The contents include: a table of cases; a table of statutes; Scots law and human rights; fundamental rights; procedural rights; qualified rights; and other rights. Each chapter ends with a boxed summary of essential facts and a list of relevant cases.
Forced marriage is recognised in the UK as a form of violence against women and an abuse of human rights. The Forced Marriage (Civil Protection) Act 2007 was implemented on 25 November 2008. It enables family courts to make a Forced Marriage Protection Order (FMPO) to prevent forced marriages from occurring. Where a forced marriage has taken place, courts can make orders to protect the victim. The information for this policy paper was gathered from a range of people and groups working in the 15 county court areas designated to deal with applications for FMPOs. The paper examines the impact the Act has had during its first year, and outlines gaps in provision that need to be addressed to support full implementation. It sets out available statistics on use of the Act, and presents the views of those involved in the operation of its provisions to issue and implement protective orders.
Forced marriage is recognised in the UK as a form of violence against women and an abuse of human rights. The Forced Marriage (Civil Protection) Act 2007 was implemented on 25 November 2008. It enables family courts to make a Forced Marriage Protection Order (FMPO) to prevent forced marriages from occurring. Where a forced marriage has taken place, courts can make orders to protect the victim. The information for this policy paper was gathered from a range of people and groups working in the 15 county court areas designated to deal with applications for FMPOs. The paper examines the impact the Act has had during its first year, and outlines gaps in provision that need to be addressed to support full implementation. It sets out available statistics on use of the Act, and presents the views of those involved in the operation of its provisions to issue and implement protective orders.
Subject terms:
human rights, law, Family Courts, forced marriage;
Assisted suicide is an emotive issue that will undoubtedly continue to grab media headlines, especially as medical science is able to prolong survival in chronic medical disorders. The law in the UK as applied under the Suicide Act 1961 is currently very sympathetic to cases of assisted suicide, when the individual has travelled abroad to a country where it is lawful to end their life
Assisted suicide is an emotive issue that will undoubtedly continue to grab media headlines, especially as medical science is able to prolong survival in chronic medical disorders. The law in the UK as applied under the Suicide Act 1961 is currently very sympathetic to cases of assisted suicide, when the individual has travelled abroad to a country where it is lawful to end their life, in that people assisting them and thus committing an offence have not been prosecuted. In October 2008, the High Court in Purdy vs Director of Public Prosecutions ruled that the latter had not acted unlawfully in failing to publish detailed guidance as to the circumstances in which individuals will or will not be prosecuted for assisting another person to die by suicide. This article elucidates the main issues from the Purdy judgment, demonstrates how the Human Rights Act 1998 was pivotal in bringing the case to court. It then discusses implications for clinicians and the future of the Suicide Act itself.
Journal of Adult Protection, 11(4), November 2009, pp.43-53.
Publisher:
Emerald
...in the last 10 years. Between the adoption in 2000 of ‘No Secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse’ as formal guidance and the government publication in July 2009 of ‘Safeguarding adults: report on the consultation on the review of the ‘No secrets’ guidance’ these law changes may have made an impact on adult protection. Law
This paper lists 17 changes to the legal landscape relating to issues of health, social care, carers and disabled children, race relations, religious hatred, freedom of information, sexual offences, domestic violence, crime and victims, gender recognition, civil partnerships, disability discrimination, mental capacity, safeguarding vulnerable groups, equality, mental health and forced marriages in the last 10 years. Between the adoption in 2000 of ‘No Secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse’ as formal guidance and the government publication in July 2009 of ‘Safeguarding adults: report on the consultation on the review of the ‘No secrets’ guidance’ these law changes may have made an impact on adult protection. Law also changes via regulations and directions, such as the Local Authority Social Service Complaints (England) Regulations 2006. The author gives additional detail in sections entitled organisational change, equality, prevention, carers, family structures, regulation, new roles, criminal law developments, judicial law making and capacity and future directions. In addition, 2010 also marks 10 years since the complete and formal implementation of the Human Rights Act 1998 and while its influence is seen in some developments the author advises of some disappointing law decisions.
Subject terms:
human rights, law, adult abuse, safeguarding adults;
British Association for Counselling and Psychotherapy
...that to commit suicide is not a criminal offence, but the current interpretation of the European Convention of Human Rights, as implemented in UK law, implies that the right to live with dignity does not give the right to take one’s own life. The authors consider the implications through examining the public interest factors in favour of prosecuting those that assist in suicide – such as a victim’s age
Recent media coverage has demonstrated that there is much debate on whether a person has the right to die. In September 2009 the Director of Public Prosecutions issued a consultation setting out the interim policy that should apply for prosecutions in cases of assisted suicide. In this article the authors reflect on the relevance of the policy for therapists. The Suicide Act (1961) states that to commit suicide is not a criminal offence, but the current interpretation of the European Convention of Human Rights, as implemented in UK law, implies that the right to live with dignity does not give the right to take one’s own life. The authors consider the implications through examining the public interest factors in favour of prosecuting those that assist in suicide – such as a victim’s age, and incapacity to reach an informed decision. Public interest factors against prosecution include a victim’s ability to ask for assistance, and the severity of illness. The authors also consider additional factors which must be taken into account.
Subject terms:
human rights, law, assisted dying, government policy;
The law on assisted suicide has been clarified but still splits opinion. Representatives of the Care Not Killing Alliance and Dignity in Dying give their opinion on the existing law and guidance.
The law on assisted suicide has been clarified but still splits opinion. Representatives of the Care Not Killing Alliance and Dignity in Dying give their opinion on the existing law and guidance.
This begins with a section dealing with definitions and principles relating to the act. The act is laid out in its private and public law elements with the latter sub-divided and indexed relating to sections dealing with the children's hearing system and protection and supervision. Each section of the act is made as reader-friendly as possible and additional notes to aid understanding...
This begins with a section dealing with definitions and principles relating to the act. The act is laid out in its private and public law elements with the latter sub-divided and indexed relating to sections dealing with the children's hearing system and protection and supervision. Each section of the act is made as reader-friendly as possible and additional notes to aid understanding are included, as is reference to key case law. The act is then set within the context of the Human Rights Act and the European Convention of Human Rights and its protocols.
This guide is designed to look at what human rights mean in the context of everyday life, how they have affected real people and why they are therefore so important. It aims to give you a clear explanation of what human rights are and how they relate to your life and the lives of everyone in Britain, plus some examples of human rights in practice that you might not be expecting. It also looks at some of the general criticisms that are made about human rights to see how accurate these are
This guide is designed to look at what human rights mean in the context of everyday life, how they have affected real people and why they are therefore so important. It aims to give you a clear explanation of what human rights are and how they relate to your life and the lives of everyone in Britain, plus some examples of human rights in practice that you might not be expecting. It also looks at some of the general criticisms that are made about human rights to see how accurate these are
The law of evidence is a fascinating subject that encompasses logic, common sense, philosophy and tactics. This book explains the fundamentals of the law and looks at the principles behind it in a clear and succinct manner. Including helpful examples and case study material, this text is for undergraduates approaching the subject for the first time. This new edition has been extensively updated
The law of evidence is a fascinating subject that encompasses logic, common sense, philosophy and tactics. This book explains the fundamentals of the law and looks at the principles behind it in a clear and succinct manner. Including helpful examples and case study material, this text is for undergraduates approaching the subject for the first time. This new edition has been extensively updated throughout to include the most up-to-date developments in the field, in particular changes since the Human Rights Act came into force.